North Carolina · statute · N.C. Gen. Stat. ch. 31A · 15 active provisions
Acts barring rights of spouse. (a) The following persons shall lose the rights specified in subsection (b) of this section: (1) A spouse from whom or by whom an absolute divorce or marriage annulment has been obtained or from whom a divorce from bed and board has been obtained; or (2) A spouse who voluntarily separates…
Acts barring rights of parents. Any parent who has wilfully abandoned the care and maintenance of his or her child shall lose all right to intestate succession in any part of the child's estate and all right to administer the estate of the child, except - (1) Where the abandoning parent resumed its care and maintenance…
Definitions. As used in this Article, unless the context otherwise requires, the term - (1) "Decedent" means the person whose life is taken by the slayer as defined in subdivision (3) of this section. (2) "Property" means any real or personal property and any right or interest therein. (3) "Slayer" means any of the fol…
Slayer barred from testate or intestate succession and other rights. The slayer shall be deemed to have died immediately prior to the death of the decedent and the following rules shall apply: (1) The slayer shall not acquire any property or receive any benefit from the estate of the decedent by testate or intestate su…
Survivorship property. (a) Where the slayer and the decedent hold property with right of survivorship as joint tenants, joint owners, joint obligees, or otherwise, the following apply: (1) The decedent's share passes immediately upon the decedent's death to the decedent's estate. (2) The slayer's share shall be held by…
Reversions and vested remainders. (a) Where the slayer holds a reversion or vested remainder in property subject to a life estate in the decedent and the slayer would have obtained the right of present possession upon the death of the decedent, such property shall pass to the estate of the decedent during the period of…
Contingent remainders and executory interests. As to any contingent remainder or executory or other future interest held by the slayer subject to become vested in him or increased in any way for him upon the condition of the death of the decedent: (1) If the interest would not have become vested or increased if he had…
Divesting of interests in property. Where the slayer holds any interest in property, whether vested or not, subject to be divested, diminished in any way or extinguished if the decedent survives him or lives to a certain age, such interest shall be held by the slayer during his lifetime or until the decedent would have…
Powers of appointment and revocation. (a) As to any exercise in the will of the decedent of a power of appointment in favor of the slayer, the slayer shall be deemed to have predeceased the decedent and the slayer shall not acquire any property or receive any benefit by virtue of such appointment and the appointed prop…
Insurance benefits. (a) Insurance and annuity proceeds payable to the slayer: (1) As the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or (2) In any other manner payable to the slayer by virtue of his surviving the decedent, shall be paid to the person or persons who wou…
Persons acquiring from slayer protected. The provisions of this Chapter shall not affect the right of any person who, before the interests of the slayer have been adjudicated, acquires from the slayer for adequate consideration property or an interest therein which the slayer would have received except for the terms of…
Remedies to be exclusive. This Article wholly supplants the common law rule preventing a person whose culpable negligence causes the death of a decedent from succeeding to any property passing by reason of the death of the decedent. (2006-107, s. 2.) Article 4. General Provisions.
Record determining slayer admissible in evidence. The record of the judicial proceeding in which the slayer was determined to be such, pursuant to G.S. 31A-3 of this Chapter, shall be admissible in evidence for or against a claimant of property in any civil action arising under this Chapter. (1961, c. 210, s. 1.)
Revised Simultaneous Death Act not applicable. The Revised Simultaneous Death Act, Article 24 of Chapter 28A of the General Statutes, shall not apply to cases governed by this Chapter. (1961, c. 210, s. 1; 1979, c. 107, s. 5; 2007-132, s. 4.)
Chapter to be broadly construed. This Chapter shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of this State that no person shall be allowed to profit by his own wrong. As to all acts specifically provided for in this Chapter, the rules, remedies, and procedures here…